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HAM v. STATE

No. 70A01-0310-CR-401.

810 N.E.2d 1150 (2004)

Kimberly S. HAM, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 30, 2004.

Attorney(s) appearing for the Case

Brady J. Lory, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Richard C. Webster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

Appellant-defendant Kimberly S. Ham appeals her conviction for Operating a Vehicle While Intoxicated,1 a class C misdemeanor. Specifically, Ham argues that the conviction may not stand because the trial court erred in giving a final instruction which provided that "a defendant's refusal to submit to a chemical test may be considered as evidence of intoxication...

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